Question

easure of Damages. Before buying a house, Dean and Donna Testa hired Ground Systems, Inc. (GSI), to inspect the sewage and water disposal system. GSI reported a split system with a watertight septic tank, a wastewater tank, a distribution box, and a leach field. The Testas bought the house. Later, Dean saw that the system was not as GSI described—there was no distribution box or leach field, and there was only one tank, which was not watertight. The Testas arranged for the installation of a new system and sold the house. Assuming that GSI is liable for breach of contract, what is the measure of damages?

Answer 1

The Testas will probably be entitled to compensatory damages since they probably overpaid for the house. If they had known that the house did not have a proper sewage and water disposal system, they would have probably offered a lower price for the house or might have even decided not to buy it. The amount of the damages should be equal to the difference in the price of the house having a proper sewage and water disposal system vs. not having it.